The draft NPRM on low earth orbit satellite spectrum sharing on Tuesday's FCC agenda (see 2111230068) will surely pass, but some of its provisions could face friction from some satellite operators, we were told. A lawyer with satellite clients said sunsetting a non-geostationary orbit fixed satellite system's interference protections could get operator pushback. He said there's some gray area in the current FCC rules, so some clarity of what it means to be a first- or second-round licensee could help. ITU has no concept of a sunset, and ITU priority is forever, he said. The FCC draft NPRM in docket 21-456 wants input on sunsetting protections for an NGSO FSS system before the expiration of its 15-year license term and what protections should apply after sunsetting. Astroscale regulatory associate Laura Cummings emailed that there will be a divide among operators over rights sunsetting, because some that were licensed in earlier processing rounds invested first and heavily with the expectation of FCC protection, though later-round applicants would like easier entry into an already crowded spectrum market. She said an FCC decision to sunset first processing round protection rights could result in a legal challenge. She said another issue that could have diverging operator views is on sharing beam-pointing information, which some operators view as proprietary business information. She said operators with government clients also expect client opposition to that sharing. Between spot beams and the sheer number of beams, real-time coordination "would require incredible computing power and logistics" if mandated across thousands of satellites with multiple beams each, she said. She said most operators should agree there should be rules clarity on issues such as the sharing regime, since there has been a struggle to work out how first-round and subsequent licensees can share spectrum across processing rounds. The draft item got mixed feedback from operators. SES/O3b officials told International Bureau Chief Tom Sullivan last week they have concerns about the NPRM, and that other countries also dealing with NGSO sharing might be watching closely. Amazon Kuiper officials, in discussions with aides to Commissioners Brendan Carr, Geoffrey Starks and Nathan Simington and with Sullivan, said that licensees "need reasonable protection and certainty [but] the current rules risk hampering competition and placing the promise of satellite-delivered broadband in the hands of a small group of earlier-licensed incumbents" if there aren't limits on priority protections. SpaceX also told the aides the draft NPRM had its support.
Issues from the retransmission consent regime and carriage agreement contractual terms such as most-favored nation (MFN) clauses could be the focus of a forthcoming FCC proceeding on carriage headwinds faced by independent programmers. Chairwoman Jessica Rosenworcel has said the agency would look into carriage issues, commonly called hurdles by programmers and allies, and the effect of streaming on the video market (see 2111180047). NCTA didn't comment Friday.
Augmenting or backing up of GPS needs to be balanced with toughening GPS resiliency, said Bradford Parkinson, National Space-Based Positioning, Navigation and Timing (PNT) advisory board first vice chair, at the board's meeting Thursday. He said government response to the growing threat of jamming and spoofing of GPS has been to focus on supplementing the GPS system with a terrestrial service, but there's no current or foreseeable alternative to global navigation satellite service that can deliver the same level of accuracy or global coverage. Possible toughening steps include use of multi-element digital beam forming and null steering antennas and inertial systems. He said the FAA should emphasize use of toughened GNSS receivers, particularly those using directional antennas. He said International Traffic in Arms Regulation antenna restrictions should be removed because they limit U.S. access to important commercial components. He said the advisory board should create a committee on toughening that would help identify burgeoning civil threats to GPS signals, plus mitigation steps and roadblocks to implementation. He said that committee could then make recommendations to the National Security Council.
The U.S. is “in great shape” on 5G competition internationally, FCC Commissioner Brendan Carr told a Media Institute virtual event Thursday. He said the agency's approach over the past five or six years of freeing up spectrum and lowering infrastructure barriers has been a proven success. He waved off former Google Executive Chairman CEO Eric Schmidt's repeated warnings of the U.S. lagging behind other nations such as China as "the Chicken Little of 5G leadership." Google didn't comment. Carr said more should be done in spectrum availability and infrastructure reform, citing completion of the 2.5 GHz auction and authorizing very low power use in the 6 GHz band as goals. Asked about 6G planning, Carr said the U.S. could start contemplating issues like the terahertz spectrum it might require, but the U.S. has "got to tend to our knitting" with 5G foremost. Asked about the likelihood of a resumption of net neutrality rules, he said it's "largely baked in" that the agency will at least debate a return to Communications Act Title II rules, though he was dismissive. "It's such an old debate of the past," he said, saying regulatory focus shouldn't be on ISPs but on edge provider behavior. He said if rate regulation were taken off the table, it would be relatively easy to find consensus about net neutrality rules for blocking and throttling. He said there could be a route for Communications Decency Act Section 230 changes that puts an affirmative anti-discrimination requirement on platforms while remaining consistent with the First Amendment. He said the Supreme Court's rulings on the First Amendment, when put on a continuum, include an opening for regulating tech companies' actions as a speech conduit while not implicating the First Amendment. Asked whether the FCC's 2018 broadcast ownership quadrennial review is likely to get done in 2022, Carr said there "is some precedent" for rolling it over: "These may start to run together a little bit."
The U.S. is in the midst of a huge run of fiber-to-the-home (FTTH) deployments by broadband providers, though its reach will remain outside a significant part of the country, an ACA Connects webinar heard Thursday. Many providers are transitioning to fiber, but that transition is focused on profitable areas and leaves behind minority communities, some said.
The federal government is increasingly rife with spectrum fiefdoms among agencies, contrary to the FCC's core purpose as a centralized point of spectrum policy decision-making, Commissioner Brendan Carr said Wednesday during the Practicing Law Institute's annual telecom policy and regulation seminar. He said updating memorandums of understanding would help, but ultimately there must be deference to the expert agency making a final decision. Such "devolution" of spectrum policy will be a permanent fixture, but that trend needs some reversing, he said.
The FAA warned about flights being diverted or grounded because of 5G C-band wireless broadband signals. Satellite and network experts told us the regulatory clash between the FAA and FCC over 5G in the C band reflects in part the lack of a permanent head of NTIA to broker an agreement.
U.S. Court of Appeals for the D.C. Circuit judges evinced some skepticism about standing issues and Viasat's broad read of the National Environmental Policy Act's (NEPA) jurisdiction, during docket 21-1123 oral argument Friday on challenges to the FCC's April OK of a license modification for SpaceX (see 2108090022). A lawyer in the proceeding told us it's not clear how soon the three-judge panel might rule.
Numerous nations have a regulatory focus on the 6 GHz band now, before the band is also center of attention at the 2023 World Radiocommunication Conference (WRC-23), international regulators said Thursday on a Wireless Innovation Forum 2021 panel. Several countries said they're looking at technological means to better allow spectrum sharing, particularly of the 6 GHz band.
Planned satellite mega constellations could face headwinds from regulators around the globe that have increased concerns about such systems, satellite experts said Wednesday during a Global VSAT Forum webinar. OneWeb Government, Regulatory and Engagement Chief Chris McLaughlin said the biggest proposed mega constellations could see regulatory challenges based on their sheer size. "It beggars belief anyone will allow 30,000 satellites," he said. Another limiting factor for mega constellations will be lack of enough rockets to launch all the satellites, he said. Kymeta Product Management Director David Fotheringham said many of the nascent operators pitching big constellations will never come to fruition, but there will still be a huge increase in the number of satellites in orbit. McLaughlin said regulators globally are trying to make more spectrum used by satellite operators available for 5G, making it increasingly important that satellite plays a role in 5G. He said trying to protect the 28 GHz band for satellite use in countries looking to open it to terrestrial mobile has been complicated by the U.K. letting it go for terrestrial use years ago. Fotheringham said satellite operators should make a concerted effort to keep their current spectrum rights. He said satellite communications in the U.S. have already become secondary to 5G in the Ka band. Expect more satellite industry consolidation, speakers said. McLaughlin said increasing interest rates could affect the expansion plans of satellite companies. He said the investment community could increase M&A activity in the satcom universe. He questioned whether the Viasat/Inmarsat deal (see 2111080038) will happen because it could face opposition from the U.K. government loath to lose a satellite operator. A Viasat spokesperson emailed that it, Inmarsat and the U.K. government "have been in discussions as part of the usual process [and] conversations have been constructive and completely cooperative."